Sarah Andrews Herman is a member of Dorsey’s Trial and Labor and Employment Practice Groups. Sarah has extensive experience in employment and labor law matters. She frequently handles trial, arbitrations, mediations, EEOC charges, OFCCP audits, wage and hour audits, AAP’s, training of employees and managers, drafting and applying policies and procedures to limit employers’ risk of employment litigation, unionization issues, and collective bargaining. Sarah also has significant litigation experience in a number of areas including employment litigation, commercial litigation and products liability.
Question: Where can I find more information about the DOL’s doubling of the FLSA salary basis threshold? Did they make other changes? As an employer, what does this mean for me? And how long do I have to prepare?
On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many commonly-used policies, if not phrased carefully, may have a chilling effect on Section 7 rights to engage in concerted activity. The policies critiqued by General Counsel Griffin include, among others, confidentiality policies, employee conduct policies, media policies, trademark and copyright use policies, and conflict of interest policies. The Report’s broad interpretation of potential “reasonable” understandings of handbook provisions concludes that policies such as “be respectful of others and the Company” violate the NLRA. Given the NLRB’s increased focus on handbook policies and this Report’s conclusions regarding a number of frequently utilized policies, employers – even those with employees not represented by labor unions – should carefully review their handbooks to avoid NLRB scrutiny.
Dorsey is a business law firm with more than 550 attorneys across the United States, Canada, Europe and Asia. Our lawyers regularly handle every sort of employment matter, litigated and non-litigated. We have extensive, successful trial experience (including class and collective actions), as well as an outstanding record for obtaining summary judgments. Dorsey also has broad experience in advising, counseling, compliance and development, policy handbook review, training and other measures that can greatly reduce the likelihood of litigation or governmental enforcement actions.